Carroll v. Harry Norman, Inc.

Beasley, Judge.

Defendant Carroll appeals the grant of summary judgment for plaintiff Harry Norman, Inc., on its suit for recovery of a real estate sales commission.

Carroll as purchaser and the Mathes as sellers contracted for the sale of residential property. Harry Norman, Inc., was the listing and selling broker and under the contract was to be paid a seven percent commission on a sales price of $288,000. The contract was contingent on purchaser’s ability to obtain a fixed rate mortgage loan, “with an interest rate of not more than 10.5% per annum on the unpaid principal balance.” Ability to…